Someone useing my images

[todd_reeves3]

<p>I received an email from a fellow photographer directing me to a site on the web... It was a flicker page that someone had setup as a photographer (wedding photographer) and some of the images were my images this photographer was using to promote himself and his business. He even had some made up shooting data on the page. What he did not know I guess was that exif had my name and shooting data imbedded in the photo. He most of pulled them off my web site. I emailed Flicker with this and never got a reply then I emailed him and he replied and said it was a mistake and he would take them off the flicker site. I don't know how it was a mistake seeing that he had made up shooting data and location under each of my photos on his page. He did remove the images...<br>

I have spent some time and effort establihing my wedding business to have someone steal my hard work and put it off as his own.<br>

My question is Can I do anything legally about this or do I just chalk it up as some poor soul who used my images to promote himself. They say the highest form of flattery is being copied.. I do not agree I am quite ticked off and even more so at a large web company like Flicker who does not even reply to my emails... <br>

Any suggestions...</p>

 

[JDMvW]

<p>Did you save copies of the pages as they were as web archives or pdf files with heading data? The first step would be to have a way to prove the infraction, then have the images themselves that were posted by him with the made-up data and EXIF intact.<br /> If you don't have copies of the pages showing his use, it might be difficult. Certainly keep all the electronic communication--if you do want to take any legal action, print out the mail and have it witnessed by a Notary to establish the dates and admission of "mistake".<br /> You might send copies of your correspondence with this person to Flicker with hardcopies also and indicate your displeasure with their lack of response. You might have more chance of getting some kind of settlement out of them than from your "poor" borrower. On the other hand, Flicker may have very deep pockets and a legal staff on call, so.....</p>

<p>Slightly later,</p>

<p>if this just happened, check Google since they may have archived the page before it was changed.<br /> The good news here is that the current copyright laws are way out of kilter in favor of copyright holders, but in this case YOU are the copyright holder, rather than some large publisher... ;)</p>

[john_a5]

<p>Unless you file copyright with the copyright office, assuming in the US, you don't have much recourse. The limits of recovery are actual damages and profits directly associated with the use of the images if not files. Your attorney's fees, most likely covered if you filed, will eat up more than you can collect, assuming the person even has anything to pay you with! There is the Digital Millenium Act that gives some more protection, but it might not apply since he didn't apparently remove your attribution information.</p>

<p>I just heard yesterday where someone didn't even copy the other persons work, but impersonated the person on Facebook (referencing the other's website) and SOLD stuff to people under the others name. So, what a wonderful internet!</p>

[hjoseph7]

<p>Would you accept it as a compliment that he used your pictures and not some other photographers ?</p>

[craig_gillette]

<p>Did you follow the process fund under "Copyright/IP Policy" (at the bottom of the Flickr homepage, perhaps other places as well?) when contacting Flickr?</p>

[aimee_pieters]

<p>The more you communicate with the parties involved, the more evidence disappears. It's always best to contact an attorney first when there's a clear legal violation....-Aimee</p>

[Spearhead]

<p>See<a href="http://www.fredmiranda.com/forum/topic/788492/0"> this thread</a> before taking this seriously.</p>

[Charles_Webster]

<p>Yeah, exactly Jeff. I thought the name sounded familiar, especially the missing "e" in the domain name.</p>

<p>I am starting to think something is "rotten in Denmark"</p>

<p><Chas></p>

[patrick_house2]

<p>This is so wrong of you...pity pity<br>

<a href="http://www.fredmiranda.com/forum/topic/788492">http://www.fredmiranda.com/forum/topic/788492</a></p>

<p><a href="http://www.photo.net/wedding-photography-forum/00U26j">http://www.photo.net/wedding-photography-forum/00U26j</a></p>